requested an extra A$30 million (€24 million) in
funding so that it can raise its A$2.5 million (€2
million) investment cap in order to back more
medium-budget films.
Key Conclusions
Despite the relative generosity of the 40% Producer
Offset, Australia is still reaching towards a model
which would foster the more consistent production
of larger indigenous films and the growth of more
sustainable companies. The Enterprise Program has
been a positive move in that direction, and there are
signs of a beneficial long-term impact.
12.2
Brazil
Summary
Country indicators:
OUTPUT
Production volume 2010 (€m)
138
Number of films
98
Average budget (€m)
1.4
Domestic film share, 2011 (%)
12.4
Country Approach
Brazil has an elaborate and highly regulated
system of tax incentives, levies and screen quotas
designed to support the national film industry.
This is balanced between indirect support, in
the form of different tax breaks for investment in
film production, and direct subsidy funded by an
industry tax.
The net effect is that producers can raise almost
their entire production budgets from tax funds and
subsidies, with only a small investment of their own
capital, which acts to sustain a constant volume of
film-making, but does not necessarily guarantee
either quality or commercial appeal.
In the past this resulted in many films being made
without thought for their market value, resulting
in films failing to reach a wide audience, or even
being commercially released. In recent years the
state agency, Ancine, has attempted to address this
issue by shifting its emphasis towards more market-
driven initiatives, such as Funcine equity funds and
the Audiovisual Sector Fund, as well as providing
incentives for commercial broadcasters and foreign
distributors to finance film production.
National Level Support
Ancine operates both as the regulatory authority
for film investment, and as the body responsible
for supporting and promoting the industry. In this
latter role it oversees Brazil’s complex system of tax
incentives for investment in production: any project
wishing to raise money from investors using the
various tax schemes, or to apply for public funding,
must first get prior approval from Ancine.
Section 12.0
l
Appendices
Building sustainable film businesses:
the challenges for industry and government
41
Section 12.0
l
Appendices
Ancine approves around 350 projects every year
to raise money from investors, although many of
these never reach principal photography. Total
investment in 2011 from tax incentives and subsidy
funds supervised by Ancine was R$263 million
(€105 million), comprised of R$169 million (€68
million) worth of tax incentives, R$84 million (€34
million) through the Fundo Setorial do Audiovisual,
R$9.3 million (€3.7 million) through the Prêmio
Adicional de Renda (PAR), and R$ 0.7 million
(€280,197) through Programa Ancine de Incentivo
à Qualidade (PAQ).
In 2011 Ancine itself provided only €4 million in
direct automatic subsidy, through the PAR and PAQ
programmes. The PAR, in place since 2005, rewards
theatrical performance for Brazilian films released
by independent distributors, while the PAQ, since
2006, rewards selection for film festivals. The €3.7
million disbursed through the PAR in 2011 was split
between producers, distributors and exhibitors; as
an example of this in practice, in 2009 the producers
of 26 films received PAR funds, in sums ranging from
€110,000 to €6,000. The PAQ pays a flat R$100,000
(€44,000) to any film selected for a qualifying
festival, with total payments typically in the region
of €280,000 a year. Ancine also awards about €1
million via various co-production funds, for Latin
America, Argentina, Portugal and Galicia.
Brazil currently has bilateral co-production
agreements with Argentina, Germany, Canada,
Chile, Spain, France, Italy, Portugal and Venezuela,
and is also a signatory of multilateral treaties, such
as the Ibero-American Film Integration, and the
Agreement for the Establishment of the Common
Market of Latin American Film. It is also a member
of RECAM, the national support audiovisual entity
in MERCOSUR; of the Conference of Iberoamerican
Authorities of Motion Picture (CACI); and of
IBERMEDIA Fund, which finances co-productions
from 18 countries and aims to strengthen and
encourage the distribution of audiovisual products
in the Iberoamerican countries.
Selective support is available from the Audiovisual
Sector Fund (FSA), worth €34 million in 2010; this
is funded by the Condecine, an 11 per cent tax
applied on remittances abroad of profits from the
commercial exploitation of audiovisual works.
Project selection is carried out by a committee
comprising representatives from Ancine and the
film industry. The aim of the FSA is to support
films with good commercial potential, though
it also supports TV production, distribution and
exhibition, and may in future be extended to include
script development, training and co-production.
In 2010, the FSA invested €13.6 million in feature
films, €8 million in television and €10 million in film
distribution rights.
By far the largest amount of funding for Brazilian
film production comes from private investment
supported by a series of tax incentives, laid down in
Brazil’s Audiovisual Law. This allows any company
or individual based in Brazil to invest part of its tax
liability in local film production, while other articles
allow foreign distributors, or Brazilian broadcasters
who import foreign programmes, to invest 70 per
cent of the withholding tax due on payments sent
abroad. In 2012 the FSA alone will invest €82 million
in audiovisual projects, largely because of greater
investment by broadcasters through revisions to
this law.
Brazil also operates a system of private equity funds,
called Funcines (National Film Industry Funds),
which are managed by Brazilian financial institutions
accredited by the Federal Central Bank. The CVM
(Brazilian Securities Commission) must approve
the establishment of all Funcines, whose financial
strategy and selected projects must be previously
approved by Ancine. Funcines can be established
in the areas of production, distribution, exhibition,
and infrastructure, as well as shareholding
participation in audiovisual companies, and the
scheme allows companies taxed under the Real
Profit regime to allocate up to three per cent of
Income Tax due as investment. This benefit also
applies to individual investors, who can allocate up
to six per cent of Income Tax due as investment.
The fund’s shareholders benefit from marketing
and merchandising created for the promotion of
sponsored projects and may recover the value
invested, obtaining a return over the amount
invested. Other advantages are: risk diversification,
due to the fund’s investment in a diversified
portfolio of projects; investment transparency;
accounting facility; and the fund manager’s
experience in negotiating with film producers.
There are currently five Funcines with a combined
€26 million under management.
Regional Support
Brazil has 19 regional film commissions, of which the
most important is the Rio Film Commission. The Rio
Audiovisual Program, launched in late 2009, which
includes the film commission, operates its own
Funcine of €8 million.
Building sustainable film businesses:
the challenges for industry and government
42